Pignaz v. Burnett

Citations

• 119 Cal. 157
• 51 P. 48
• 1897 Cal. LEXIS 871

Syllabus

<p>Appeal prom Judgment—Time eor Appeal—Amendment of Code not Retrospective—Dismissal Refused.—The amendment to section 939 of the Code of Civil Procedure, approved March 3, 1897, reducing the time allowed for appeal from a judgment from one year to six months, is to be construed not to be intended to operate retrospectively upon judgments entered before its passage, but as limited in its operation to judgments thereafter entered; and an appeal taken within one year from the entry of a judgment entered before the passage of . such amendment, and more than six months after such entry, will not be dismissed.</p> <p>Constitutional Law—Power of Legislature—Retrospective Operation of Statutes—Presumption.—Though the legislature has power to give to statutes a retrospective operation, if they are not ex post facto, and do not impair the obligation of contracts, or deprive any one of vested rights, yet it is to be presumed that no statute, is intended to have such effect, unless the contrary clearly appears, and especially so where to give the statute retrospective effect would work manifest injustice.</p> <p>Appeal—Failure to File Transcript—Dismissal Refused—Unsettled Bill of Exceptions.—An appeal will not be dismissed for failure to file a transcript within forty days after the taking of the appeal, where it appears that the settlement of a bill of exceptions to be used upon the appeal is pending and undetermined, and there is no counter showing that the right of the appellant to have the bill of exceptions settled has not been kept alive.</p> <p>Id.—Appealable Order—Refusal to Restrain Sheriff from Executing Writ of Assistance, Granted Ex parte.—An order refusing a motion of persons in possession of lands sold under foreclosure of a mortgage, who were not notified of an ex parte order granting a writ of assistance to a purchaser at the sale, to restrain the sheriff from executing the writ, is appealable as an order made after final judgment; and the fact that the motio